Domestic Assault Lawyers
As Toronto domestic assault lawyers, Charitsis Law knows how to fight domestic assault charges.
For more than 25 years, Nicholas Charitsis working as a domestic assault lawyer has helped hundreds of client charged with domestic assault throughout Toronto and the GTA. As a former Crown Attorney, Nicholas understands how domestic assault cases are prosecuted, how the Crown Attorney’s office assesses the evidence, and how to successfully help you fight the charge.
Hundreds of clients have shared their positive experiences with Charitsis Law, including more than 350 five-star Google reviews and hundreds of additional reviews on independent legal review websites.
If you’ve been charged with domestic assault, call Nicholas Charitsis at 416-731-7113. Let’s talk about what happened and what can be done to fight your charge.
Domestic Assault Penalties
If a person is convicted of domestic assault, the court may impose a number of criminal penalties depending on the circumstances of the case and the accused’s prior record.
Not every domestic assault charge results in a conviction, but it is important to understand the possible consequences if a conviction occurs.
Possible penalties can include:
- Criminal record – A conviction for domestic assault usually results in a criminal record. This can affect employment opportunities, professional licensing, and travel to certain countries.
- Probation and no-contact orders – The court may impose probation with conditions such as counselling, anger management programs, or restrictions on contacting the complainant.
- Custody (jail) – In more serious cases, or where there is a prior history of violence, the court may impose a period of incarceration.
- Firearms prohibition orders – A conviction can result in an order prohibiting the possession of firearms for a specified period of time.
A criminal record is often the most significant long-term consequence of a domestic assault conviction. For this reason, call and get advice today from our Toronto domestic assault lawyers.
You can speak directly with a lawyer at Charitsis Law now by calling 416-731-7113 for a confidential consultation.
What Is Domestic Assault?
A domestic assault charge involves an allegation of assault between people who are in a family or intimate relationship.
This can include spouses, common-law partners, dating partners, former partners, and sometimes family members. Domestic-related criminal charges are treated seriously by the Toronto courts and can result in a criminal record if convicted.
Domestic assault allegations may involve:
- Pushing, grabbing, slapping, punching, or other unwanted physical contact.
- Attempting to use force, even if no injury occurs.
- Threats that cause another person to fear immediate harm.
- Incidents involving a spouse, partner, former partner, or family member.
- Situations where police lay criminal charges after responding to a domestic dispute.
If you have been charged with domestic assault, speak directly with domestic assault lawyer Nicholas Charitsis. As a criminal lawyer who regularly defends ntimate partner violence allegations, Mr. Charitsis can explain the evidence, the court process, and the defence options available in your case. Call 416-731-7113 for a confidential consultation.
Domestic Assault – Who Lays the Charge
Domestic assault charges in Toronto are laid by the police, not by the person making the complaint or the victim.
When police officers respond to a domestic violence call, they must determine whether there are reasonable grounds to believe that an assault has occurred. If those grounds exist, domestic violence policies in Ontario require police to make an arrest, even if the person who contacted police does not want the accused charged.
The accused person is arrested and removed from the residence, taken to the police station where they are processed and held for a bail hearing at the Toronto Regional Bail Centre (TRBC) at 2201 Finch Ave W. in Toronto.
Definition of Assault – Criminal Code of Canada
Under the Criminal Code of Canada, an assault occurs when a person intentionally uses force against another person without their consent.
However, there does not have to be an injury, and in some cases there may not even be physical contact. An assault can also include attempting to use force or making a threat that causes another person to fear immediate harm.
The Roles in a Domestic Assault Case
Once a charge is laid, the roles of the people involved are different from what many people expect:
- The Police officers are laying the criminal charge, not the complainant,
- The complainant is the witness or victim in the case.
- The Crown Attorney is the one who decides how the case proceeds in court.
Because the charge is laid by police, the witness cannot withdraw it. The decision to withdraw the charge or continue the prosecution is made by only the Crown Attorney, based on the evidence and the surrounding circumstances.
Our Role as Domestic Assault Lawyers
At Charitsis Law, our role as Toronto domestic assault lawyers is to guide you through the court process and address the allegation based on the evidence and surrounding circumstances.
As Toronto domestic assault lawyers our role to you is:
- Provide clear legal advice: We explain the allegation, the court process, and the options available so you can make informed decisions about your case.
- Communicate with the Crown Attorney: We review the evidence, speak with the Crown on your behalf, and address issues such as bail conditions and resolutions.
- Defend and represent you in court: If the case proceeds to trial, we challenge the evidence and advance the defence on your behalf.
We review the disclosure with you, assess the strength of the evidence, and communicate with the Crown Attorney to work toward resolving the case in a way that reflects the facts and circumstances.
Defending Domestic Assault Charges
Defending domestic assault charges requires a careful review of the evidence and the circumstances surrounding the allegation. As your lawyer we’ll examine the disclosure, assess the strength of the Crown’s case, and provide advice on how the defence should prepare.
Domestic assault cases often involve private disputes between people in an intimate or family relationship. In many situations there are no independent witnesses, and the case may depend largely on the statements of the complainant and the accused.
Common Defence Issues
Some of the common issues that arise in domestic assault cases include:
- conflicting accounts of what occurred between the people involved
- lack of independent witnesses or supporting evidence
- inconsistencies in statements provided to police
- questions about whether an assault occurred under the law
After reviewing the disclosure, our Toronto domestic assault lawyers can explain the available options and determine how the allegation should be addressed based on the evidence and the surrounding circumstances.
What Happens if the Complainant Changes Their Statement?
In some domestic assault cases, the complainant later tells police or the Crown Attorney that they no longer want the case to continue. This situation is sometimes referred to as a recanting witness.
However, the complainant does not control the prosecution of the charge. Once the Toronto Police Service has laid the charge, the complainant cannot withdraw it.
Only the Crown Attorney has the authority to withdraw a domestic assault charge after reviewing the available evidence and determining whether the case should continue.
Meet Our Team of Domestic Assault Lawyers
Led by former Crown Attorney Nicholas Charitsis, our domestic assault lawyers represent people charged with domestic assault throughout Toronto and the GTA.
Our lawyers review the disclosure, assess conflicting accounts and witness evidence, deal with the Crown Attorney, address bail and no-contact conditions, and prepare cases for withdrawal, resolution or trial.
What To Do If You Are Charged
If you have been charged with domestic assault, it is important to understand the court process and obtain legal advice before your next court date. Contact Charitsis Law to speak with a domestic assault lawyer who can review the evidence with you, explain how we can help, and represent you in this matter.
There are several important steps people should consider after being charged:
- Do not contact the complainant if a no-contact condition is in place. Breaching a release condition can lead to additional criminal charges.
- Review the disclosure carefully with a lawyer so you understand the evidence and how the allegation may be addressed.
- Attend all scheduled court dates at the Ontario Court of Justice to avoid further legal complications.
Taking these steps early can help you understand the evidence, prepare for your court dates, and make informed decisions about how to address the charge.
Bail Conditions and No-Contact Orders
In many domestic assault cases, a person is released from custody with conditions imposed by the court after a bail hearing. The bail conditions are intended to prevent further conflict while the case is before the court.
Common bail conditions in domestic assault cases may include:
• no contact with the complainant
• not attending the family home or residence
• restrictions on communication through phone, text, or social media
• limits on possessing firearms or other weapons
These conditions can have a significant impact on daily life, particularly when the accused and the complainant live together or share children.
Bail Variations
In some situations, the original release conditions may be stricter than necessary. For example, the parties may later wish to resume communication or make arrangements involving children or shared property.
In those circumstances, it may be possible to apply to the court for a bail variation to change certain conditions of release. Our Toronto domestic assault lawyers can review the existing conditions and advise whether a variation may be appropriate.
Speak With a Domestic Assault Lawyer
If you have been charged with domestic assault in Toronto, it is important to obtain legal advice before your next court date. A criminal charge can affect your freedom, your employment, and your future, and the steps taken early in the case can make a significant difference.
At Charitsis Law, we provide a free and confidential case review for individuals facing domestic assault allegations in Toronto with Nicholas Charitsis, an experienced lawyer for domestic assault charges.
During that conversation, we can review the circumstances of the allegation, explain how the court process works, and discuss how we can help represent you in this matter.
If you need legal advice about a domestic assault charge, call 416-731-7113 to speak with a Toronto domestic assault lawyer.
Domestic Assault Lawyers for Toronto & the GTA
Domestic assault lawyers at Charitsis Law represent clients throughout Toronto and the Greater Toronto Area, including Toronto, Oshawa, Brampton, Aurora, Newmarket, and Muskoka.
Charitsis Law provides experienced representation for domestic assault charges, with a defence strategy focused on challenging the Crown’s evidence and fighting to have charges withdrawn, dismissed, or successfully defended at trial
FAQs from our Domestic Assault Lawyers
A. Once the Toronto Police Service lays a domestic assault charge, the complainant cannot withdraw it. Only the Crown Attorney has the authority to withdraw the charge after reviewing the available evidence and determining whether the case should proceed.
A. The complainant may tell police or the Crown Attorney that they no longer wish to proceed with the case. However, the decision to withdraw a domestic assault charge is made by the Crown Attorney, not by the complainant.
A. In most domestic assault cases, the court imposes a no-contact condition when a person is released from custody. Contacting the complainant in violation of that condition can result in additional criminal charges. If communication becomes necessary, a lawyer may be able to seek a bail variation to change the conditions.
A. A conviction for domestic assault usually results in a criminal record. A criminal record can affect employment opportunities, professional licensing, and the ability to travel to certain countries.
A. In some situations, counselling or anger management programs may be considered while a domestic assault case is before the court. These steps do not automatically resolve a criminal charge, but they may become relevant depending on the circumstances of the allegation and the evidence involved.
Our domestic assault lawyers can review the details of your case and discuss whether counselling or other steps may be appropriate as part of the overall defence strategy.
A. The first court appearance is usually brief and administrative. The Crown Attorney will confirm whether the accused has received disclosure, which is the evidence gathered by the police. The case is typically adjourned to allow time to review that material and obtain legal advice.
A. In some situations, a domestic assault case may be addressed through a peace bond under section 810 of the Criminal Code. A peace bond is a court order that places conditions on a person for a period of time, such as keeping the peace and having no contact with the complainant.
A. In some cases, it may be possible to apply to the court for a bail variation to change certain release conditions. This may occur if circumstances change, such as when communication between the parties becomes necessary or living arrangements need to be addressed.
